Employees who are lent or hired out by their general employer to other employers for specific purposes. There is a presumption that the general employer will remain liable for the torts of that servant while hired or lent to the special employer unless the general employer can show that control has passed to the special employer (Mersey Docks & Harbour Board v. Coggins & Griffiths (1947). Condition 8 of the Contractors Plant-hire Association’s Conditions (CPA) makes the hirer responsible for all claims from the operation of plant by the driver/operator who is supplied with it.
Tag: UK
Both Sides Cover
See: After The Event Legal Expenses Insurance.
Both to Blame Collision Clause
An Institute Cargo Clause indemnifying the cargo owner against the cost of reimbursing the shipowner who is compelled under foreign law to pay 50 per cent of a third party’s cargo loss to a third party shipowner following a collision in which both were blameworthy. Under US law the shipowners are held of equal blame and the cargo owner can recover in full from the third party shipowner who then recovers 50 per cent from the ship carrying the cargo. Provisions in the running down clause prevent the shipowner recovering in full under the hull policy, nor is the Protection and Indemnity Club liable, causing the shipowner to pass the risk to the cargo owner under the affreightment.
Bottom limit
The maximum value at risk per shipment/sending/aircraft.
Bottom painting clause
An Institute Time/International Hull Clause relieving the insurer in all circumstances from the normal running costs of scraping or painting the vessel’s bottom.
Bouquet Treaty
Reinsurance treaty combining contracts from different classes of business; the package often includes both desirable and undesirable business.